Bill Text: NH HB1680 | 2018 | Regular Session | Introduced


Bill Title: Relative to abortions after viability.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2017-11-13 - To Be Introduced 01/03/2018 and referred to Judiciary [HB1680 Detail]

Download: New_Hampshire-2018-HB1680-Introduced.html

HB 1680-FN - AS INTRODUCED

 

 

2018 SESSION

18-2170

01/04

 

HOUSE BILL 1680-FN

 

AN ACT relative to abortions after viability.

 

SPONSORS: Rep. Murphy, Hills. 7; Rep. M. Pearson, Rock. 34; Rep. Notter, Hills. 21; Rep. V. Sullivan, Hills. 16

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes the viable fetus protection act which prohibits abortions after viability.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2170

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to abortions after viability.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Statement of Finding.  The general court finds that it is the purpose of the state of New Hampshire to assert a compelling state interest in protecting the lives of viable unborn fetuses.

2  New Chapter; Viable Fetus Protection Act.  Amend RSA by inserting after chapter 132-A the following new chapter:

CHAPTER 132-B

VIABLE FETUS PROTECTION ACT

132-B:1  Title.  This chapter shall be known and may be cited as the "viable fetus protection act."

132-B:2  Definitions.  In this chapter:

I.  "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove an ectopic pregnancy or the products from a spontaneous miscarriage.

II.  “Viability” means the point in pregnancy when, in the good faith medical judgment of a physician, there is reasonable likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures.

132-B:3  Abortion After Viability Prohibited; Exception.

I.  The determination of viability shall be solely that of the treating physician after consultation with and examination of the pregnant woman.

II.  No abortion shall be performed upon a pregnant woman after viability of the fetus except in the event of a medical emergency as defined in RSA 132:32, VIII, in cases of Twin to Twin Transfusion Syndrome, or to remove a fetus with severe anomalies incompatible with life.

III.  The physician, when performing an abortion to preserve the life or health of the pregnant woman, shall make every effort to preserve the life of the viable fetus.

IV.  All post-viability abortions shall be performed by a physician licensed pursuant to RSA 329.

132-B:4  Disciplinary Action.  Any physician who performs an abortion in violation of this chapter shall be subject to disciplinary action under RSA 329.

3  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2170

11/8/17

 

HB 1680-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to abortions after viability.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill creates the Viable Fetus Protection Act which would prohibit abortions after viability, with certain exceptions.  The bill provides for disciplinary action against any physician who performs an abortion in violation of the chapter.  The Department of Justice, Administrative Prosecutions Unit, investigates and prosecutes licensing violations for the Board of Medicine and the possible increase in the number of investigations and/or prosecutions  resulting from this bill is unknown, therefore the fiscal impact is indeterminable.

 

The Judicial Branch states the Supreme Court has discretionary review of appeals from disciplinary actions against physicians pursuant to RSA 329:17, VIII.  The Judicial Branch has no information relative to how many additional appeals  to the Supreme Court from disciplinary actions may arise or if such review will be accepted for full appellate review, more limited review or if the appeal will be denied.  Even one appeal accepted for full appellate consideration could result in a fiscal impact in excess of $10,000, thus the potential fiscal impact is indeterminable.

 

The Department of Health and Human Services, Department of Corrections, Office of Professional Licensure and Certification, Judicial Council, and New Hampshire Association of Counties indicated this bill will have no fiscal impact on their agency or association.

 

AGENCIES CONTACTED:

Department of Justice, Judicial Branch, Office of Professional Licensure and Certification, Department of Health and Human Services, Department of Corrections, Judicial Council, and New Hampshire Association of Counties

 

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